Judhistira Sahoo@Pendu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 533 of 2022 Judhistira Sahoo @ Pendu ....

Appellant Mr. B.B. Routray, Advocate -Versus - State of Odisha ....

Respondent Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 24.11.2022 Order No.

1.

This matter is taken up through hybrid mode.

04.

2.

Learned State Counsel informs that notice on the informant has already been served. There is no appearance. The appeal is taken up for hearing.

3.

The appellant is in custody since in connection with Kaniha P.S. Case No.319 of 2021 corresponding to G.R. Case No.2356 of 2021 pending in the Court of learned Add. Sessions Judgecum- Special Judge, Talcher for the alleged commission of offence under Sections 436/307/302 of IPC read with Section 3 of SC & ST (POA) Act.

4.

It is submitted that the FIR is against unknown persons and the appellant was implicated entirely on the basis of his own confession before police.

5.

Learned State Counsel has brought to notice of this court the dying declaration of the deceased, who has clearly named the appellant as having committed the crime.

6.

Considering the fact that there are strong prima facie materials to show commission of the crime by the appellant, I am not inclined to allow the prayer for bail, which is therefore, rejected. However, learned Court below is directed to expedite

the trial, if there is no legal impediment.

7.

CRLA is accordingly rejected.

(Sashikanta Mishra) Judge A.K. Rana